Powell v. Johnson

Todd, Justice.

Appellant appeals the dismissal of his election contest. Notice of contest was not served upon the contestee within 7 days of the report of the canvassing board as required by statute. The lower court dismissed the action for lack of jurisdiction. We affirm.

The facts are not in dispute. Appellant complied with all of the statutory requirements for commencement of an election contest except service of notice upon the respondent. The record discloses that respondent had no actual notice of the election contest until he received a copy of the notice from the county auditor by…